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UPDATED Labor & Employment Law: Earned Sick Time Act (ESTA) & Minimum Wage

Webinar hosted on Zoom on March 6, 2025

Earned Sick Time Act (ESTA) Updates and Resources

Stay informed on the Labor & Employment law changes that took effect on February 21, 2025. These new regulations include mandatory paid sick leave of 72 hours for all workers with 11 or more employees and updates to the Minimum Wage & Tip Credit. This legislation has significant implications for all Michigan business owners, so staying informed is crucial. 

Earned Sick Time Act Webinar Hosted by Labor and Economic Opportunity (LEO)

LEO Deputy Director of Labor Sean Egan hosted a live webinar on February 27, 2025 to discuss how the law affects workers and businesses in Michigan. 

>> Watch the webinar

How to Comply with Michigan's Amended Earned Sick Time Act

Presentation slides from a webinar hosted by Labor and Employment Group Foster Swift Collins on February 26, 2025.

>> View a PDF of the Slides

Key Points for Earned Sick Time  

  • Frontloading Paid Sick Time: As an alternative to the accrual method, employers can choose to frontload at least 72 hours of paid sick time for immediate use each year, or 40 for a small business, which eliminates the requirement for carryover or accrual tracking for full-time employees. 
  • Frontloading Part-time Employees: As an alternative to the accrual method, employers may frontload paid sick time for part-time employees as well, with a prorated amount, subject to specific notice and true-up requirements. 
  • Accrual Method: If choosing the accrual method, employees accrue 1 hour of paid sick time for every 30 hours worked, and unused paid sick time rolls over up to 72 hours.  Employers may limit the use of earned sick time to 72 hours, or 40 for a small business, in the 12-month period.
  • New Hire Waiting Period: If using the accrual method, employers may have a policy for new employees hired on or after 2/21/25 requiring these employees to wait up to 120 days before using accrued sick time. Employees accrue earned sick time during this waiting period.  If frontloading, hours are available for immediate use. 
  • Small Business Compliance: Small business is defined as an employer having 10 or fewer employees. Small businesses have until October 1, 2025, to comply with ESTA requirements. 
  • PTO Policy: Employers can use a combined paid time off (PTO) policy to meet ESTA requirements, as long as the total paid leave meets or exceeds the necessary amounts and may be used for the same purposes. 
  • Hourly Rate: For ESTA purposes, an employee's hourly rate is their normal hourly wage or base rate and excludes overtime, holiday pay, bonuses, commissions, tips, etc. 
  • Enforcement: The Department of Labor and Economic Opportunity (LEO) is responsible for enforcing ESTA. 
  • Sick Time Increments: Employers may choose to use either one-hour increments or the smallest increment for tracking sick time usage. 

Key Points for Minimum Wage 

  • Tipped minimum wage: Senate Bill 8 gradually increases the minimum cash wage for tipped employees from 38% of the full minimum wage to 50% of the regular minimum wage by 2031.
  • Wage changes: Tipped minimum wage is $4.74 for the rest of 2025.
  • Regular minimum wage: Senate Bill 8 keeps the minimum wage to $12.48 starting Feb. 21, reaching $15 by 2027, and adjusts for inflation after that.

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